HomeMy WebLinkAboutOrdinance-1994-0953
INTRODUCED BY COUNCIL MEMBER SILER
Council Bill No. 39 ORDINANCE NO. 953
Series of 1994
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE
PERMIT TO ALLOW A DAY CARE CENTER/KINDERGARTEN IN A
RESIDENTIAL-TWO ZONE DISTRICT ON LAND LOCATED AT 3516 AND
3536 JAY STREET, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Upon application by Nina Forgo and Rose Foster for
approval of a Special Use Permit in Wheat Ridge, Colorado, Case
No. SUP-94-1 and pursuant to findings made based on testimony and
evidence presented at public hearing before the Wheat Ridge City
Council, a Special Use Permit to allow a day care
center/kindergarten on R-2 zoned land is hereby approved for the
following described land:
3536 Jay Street
That part of the west 1/2 of the Southeast 1/4 of the Northeast
1/4 of the Northwest 1/4 of Section 25, Township 3 South, Range
69 West known as and referred to as part of Lots 8 and 9, Conway
Heights, more particularly described as follows:
Beginning at a point 168 feet north of the southwest corner of
said Lot 8; thence continuing north on west line of said Lot 8,
125.22 feet, more or less to a point 139 feet south of north line
of said Lot 9; thence east and parallel to said Lot 9, 125.67
feet to a point 100 feet west of east line of said Lot 9, thence
south and parallel to east line of said Lots 8 and 9, 125.22 feet
to a point 168 feet north of south line of said Lot 8; thence
west 125.67 feet to point of beginning, County of Jefferson,
State of Colorado.
Conditions
1. The Special Use Permit be granted to the Wheat Ridge
Preschool and Kindergarten at 3536 Jay Street under the
ownership and operation of Nina Forgo.
2. The Special Use Permit be limited to day care for up to 57
preschool and kindergarten children (ages 2 1/2 to 6 years
old) at any given time.
3. Use of the property shall be in accordance with Exhibit 'D'.
Improvements shall occur within 90 days of effective date of
this permit.
Ordinance No. 953 , Series of 1994
Case No. SUP-94-ljForgo
Page 2
Section 2. Upon application by Nina Forgo and Rose Foster for
approval of a Special Use Permit in Wheat Ridge, Colorado, Case
No. SUP-94-1 and pursuant to findings made based on testimony and
evidence presented at public hearing before the Wheat Ridge City
Council, a Special Use Permit to allow a day care
center/kindergarten on R-2 zoned land is hereby approved for the
following described land:
3516 Jay Street
That part of the W 1/2 SE 1/4 NE 1/4 NW 1/4 Section 25, Township
3 South, Range 69 West, known as and referred to as part of Lot
8, Conway Heights, more particularly described as follows:
Beginning at the southwest corner of said Lot 8; thence north
145.5 feet; thence east 140 feet; thence south 145.5 feet; thence
west 140 feet to the point of beginning, County of Jefferson,
State of Colorado.
Conditions
1. The Special Use Permit be granted to the Wheat Ridge
Preschool and Kindergarten at 3516 Jay Street under the
ownership and operation of Nina Forgo.
2. The Special Use Permit be limited to a day care center for up
to 23 full-time infants and toddlers (ages six weeks to 30
months).
3. Use of the property shall be in accordance with Exhibit 'E'.
4. Curb, gutter and sidewalk shall be required to be constructed
along Jay street with the change of use.
5. A landscape buffer that does not violate sight distance
triangle standards yet provides a dense buffer, be placed
between the parking area and Jay Street. This could include
trees, shrubs and possible berming.
6. The visibility at the intersection of Jay Street and West
35th Avenue be improved.
Section 3. Vested Property Rights. Approval of this special use
does not create a vested property right. This special use is
approved subject to the revocation and termination provisions of
Ordinance 945, Series of 1993.
Section 4.
determines,
the general
Safety Clause. The City Council hereby finds,
and declares that this ordinance is promulgated under
police power of the City of Wheat Ridge, that it is
Ordinance No. 953 , Series of 1994
Case No. SUP-94-ljForgo
Page 3
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 5. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 6. This ordinance shall take effect
final publication.
15
days after
INTRODUCED, READ, AND ADOPTED on first reading by a vote of -1L
to ~ on this 24th day of January , 1994, ordered
published in full in a newspaper of general circulation in the
city of Wheat Ridge and Public Hearing and consideration on final
passage set for February 14 , 1994, at 7:00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
2/14/94 Continued to February 28, 1994; carried 8-0.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 7 to 1 this 28th day of February
1994.(for 3536 Jay Street). by ~ vote of 5-4 for 3516 Jay Street.
SIGNED by the Mayor on this 28th day of
February
, 1994.
'I
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DAN WILDE, MAYOR
, )) ,{~{ L. .L"
Wanda Sang, City
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication:
2nd Publication: March
Wheat Ridge Sentinel
Effective Date: March
<pc>ordsup941
Corrected and republished on March 29, 1994
Effective Date: April 13, 1994
15,
30, 1994
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EXHIBIT '0'
3536 JAY ST.
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35TH
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2 LEVEL CONC. BLOCK
PRESCHOOL
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EXHIBIT 'E'
3516 JAY 8T.
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FRAME AND BRICK RES
3516-18 JAY ST
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